Section 4 Speech Made Pursuant to ?Official Duties?

• Library: Employer-Employee Law 2008

In Garcetti v. Ceballos, 547 U.S. 410 (2006), the Court held that speech uttered pursuant to a public employee’s job duties is not protected by the First Amendment. The plaintiff in Garcetti was a calendar deputy in a prosecutor’s office. He alleged that he was transferred and demoted in retaliation for urging the dismissal of a case because of misrepresentations in a search warrant affidavit. The Court held, “when public employees make statements pursuant to their official duties, the employees are not...